Chapter 505 – Dangerous Buildings

Chapter 505

DANGEROUS BUILDINGS

Section 505.010. Purpose and Scope.

It is the purpose of this Chapter to provide a just, equitable and practicable method for the

repairing, vacation or demolition of buildings or structures that may endanger the life, limb,

health, property, safety or welfare of the occupants of such buildings or the general public, and

this Chapter shall apply to all dangerous buildings, as herein defined, that now are in existence or

that may hereafter exist in the City of Goodman, Missouri.

Section 505.020. Dangerous Buildings Defined.

  1. All buildings or structures that are detrimental to the health, safety or welfare of the

residents of the City and that have any or all of the following defects shall be deemed

“dangerous buildings”:

  1. Those with interior walls or other vertical structural members that list, lean or buckle

to such an extent that a plumb line passing through the center of gravity falls outside

the middle third of its base.

  1. Those that, exclusive of the foundation, show thirty-three percent (33%) or more

damage or deterioration of the supporting member or members or fifty percent (50%)

damage or deterioration of the non-supporting enclosing or outside walls or covering.

  1. Those that have improperly distributed loads upon the floors or roofs, or in which the

same are overloaded, or that have insufficient strength to be reasonably safe for the

purpose used.

  1. Those that have been damaged by fire, wind or other causes so as to become

dangerous to life, safety or the general health and welfare of the occupants or the

people of the City.

  1. Those that are so dilapidated, decayed, unsafe, unsanitary or that so utterly fail to

provide the amenities essential to decent living that they are unfit for human

habitation, or are likely to cause sickness or disease, so as to work injury to the

health, safety or welfare of those occupying such building.

  1. Those having light, air and sanitation facilities that are inadequate to protect the

health, safety or general welfare of human beings who live or may live therein.

  1. Those having inadequate facilities for egress in case of fire or panic or those having

insufficient stairways, elevators, fire escapes or other adequate means of evacuation.

  1. Those that have parts thereof that are so attached that they may fall and injure

members of the public or property.

  1. Those that because of their condition are unsafe, unsanitary or dangerous to the

health, safety or general welfare of the people of this City.

Section 505.030. Dangerous Buildings Declared Nuisance.

All dangerous buildings or structures, as defined by Section 505.020 of this Chapter, are hereby

declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.

Section 505.040. Standards For Repair, Vacation or Demolition.

  1. The following standards shall be followed in substance by the Building Inspector and the

Building Commissioner in ordering repair, vacation or demolition of any dangerous

building.

  1. If the dangerous building can reasonably be repaired so that it no longer will exist in

violation of the terms of this Chapter, it shall be ordered repaired.

  1. If the dangerous building is in such condition as to make it dangerous to the health,

safety or general welfare of its occupants, it shall be ordered to be vacated and

repaired.

  1. In all cases where a building cannot be repaired so that it no longer will exist in

violation of the terms of this Chapter, it shall be demolished.

  1. In all cases where a dangerous building is a fire hazard existing or erected in violation

of the terms of this Chapter or any ordinance of this City or Statute of the State of

Missouri, it shall be repaired or demolished.

Section 505.050. Building Inspector. [Ord. No. 1989-239 §.040, 10-17-1989]

All City Police Officers and other City employees so designated by the Mayor shall be the

Building Inspector(s) within the meaning of this Chapter.

Section 505.060. Duties of Building Inspector — Procedure and Notice.

  1. The Building Inspector(s) shall have the duty under this Chapter to:
  2. Inspect or cause to be inspected, as often as may be necessary, all residential,

institutional, assembly, commercial, industrial, garage, special or miscellaneous

occupancy buildings for the purpose of determining whether any conditions exist that

render such place to be a dangerous building when he/she has reasonable grounds to

believe that any such building is dangerous.

  1. Inspect any building, wall or structure about which complaints are filed by any person

to the effect that a building, wall or structure is or may be existing in violation of this

Chapter, and the Building Inspector determines that there are reasonable grounds to

believe that such building is dangerous.

  1. Inspect any building, wall or structure reported by the Fire or Police Departments of

this City as probably existing in violation of this Chapter.

  1. Notify the owner, occupant, lessee, mortgagee, agent and all other persons having an

interest in the building or structure, as shown by the land records of the Recorder of

Deeds of McDonald County, of any building or structure found by him/her to be a

dangerous building or structure within the standards set forth in Section 505.020.

Such notice shall be in writing and shall be given either by personal service or by

certified mail, return receipt requested, or if service cannot be had by either of these

modes of service, then service may be had by publication in a newspaper qualified to

publish legal notices for two (2) consecutive weeks.

  1. The notice required shall state that:
  2. The owner must vacate, vacate and repair, or vacate and demolish said building

and clean up the lot or property on which the building is located in accordance

with the terms of the notice and this Chapter.

  1. The occupant or lessee must vacate said building or have it repaired in

accordance with the notice and remain in possession.

  1. The mortgagee, agent or other persons having an interest in said building as

shown by the land records of the Recorder of Deeds of McDonald County may,

at his/her own risk, repair, vacate or demolish the building and clean up the

property or have such work done;

provided, that any person notified under this Subsection to repair, vacate or demolish

any building or clean up the property shall be given such reasonable time not exceeding thirty

(30) days to commence the required work.

  1. The notice provided for in this Section shall state a description of the building or

structure deemed dangerous, a statement of the particulars that make the building or

structure a dangerous building, a statement indicating that as a dangerous building

said building or structure constitutes a nuisance, and an order requiring the designated

work to be commenced within the time provided for in the above Subsection.

  1. Report in writing to the City Building Commissioner the non-compliance with any

notice to vacate, repair, demolish, clean up the property or upon the failure to proceed

continuously with the work without unnecessary delay.

  1. Appear at all hearings conducted by the Building Commissioner and testify as to the

condition of dangerous buildings.

  1. Immediately report to the Building Commissioner concerning any building found by

him/her to be inherently dangerous and that he/she determined to be a nuisance per

  1. The Building Commissioner may direct that such building be marked or posted

with a written notice reading substantially as follows:

“This building has been found to be a dangerous building by the Building

Inspector. This notice is to remain on this building and/or property until it is repaired, vacated or

demolished and the property is cleaned up in accordance with the notice that has been given the

owner, occupant, lessee, mortgagee or agent of this building and all other persons having an

interest in said building as shown by the land records of the Recorder of Deeds of McDonald

County. It is unlawful to remove this notice until such notice is complied with.”

Provided however, that the order by the Building Commissioner and the posting of said

notice shall not be construed to deprive all persons entitled thereto by this Chapter to the notice

and hearing prescribed herein.

Section 505.070. Building Commissioner. [Ord. No. 1989-239 §.060, 10-17-1989]

The Mayor shall act as Building Commissioner under this Chapter.

Section 505.080. Duties of The Building Commissioner. [Ord. No. 2014-464 §1, 10-7-2014]

  1. The Building Commissioner shall have the powers and duties pursuant to this Chapter to:
  2. Supervise all inspections required by this Chapter and cause the Building Inspector to

make inspections and perform all the duties required of him/her by this Chapter.

Upon receiving a complaint or report from any source that a dangerous building

exists in the City, the Building Commissioner shall cause an inspection to be made

forthwith. If the Building Commissioner deems it necessary to the performance of

his/her duties and responsibilities imposed herein, the Building Commissioner may

request an inspection and report be made by any other City department or retain

services of an expert whenever the Building Commissioner deems such service

necessary.

  1. Upon receipt of a report from the Building Inspector indicating failure by the owner,

lessee, occupant, mortgagee, agent or other persons(s) having an interest in said

building to commence work of reconditioning or demolition within the time specified

by this Chapter or upon failure to proceed continuously with work without

unnecessary delay, hold a hearing giving the affected parties full and adequate

hearing on the matter.

  1. Give written notice of said hearing, either by personal service or by certified mail,

return receipt requested, or if service cannot be had by either of those modes of

service, then by publication in a newspaper qualified to publish legal notices, at least

ten (10) days in advance of the hearing date, to the owner, occupant, mortgagee,

lessee, agent and all other persons having an interest in said building as shown by the

land records of the Recorder of Deeds of McDonald County who may appear before

the Building Commissioner on the date specified in the notice to show cause why the

building or structure reported to be a dangerous building should not be repaired,

vacated or demolished in accordance with the statement of particulars set forth in the

Building Inspector’s notice as provided herein. Any party may be represented by

counsel and all parties shall have an opportunity to be heard.

  1. Make written findings of fact from the evidence offered at said hearing as to whether

or not the building in question is a dangerous building within the terms of Section

505.020 of this Chapter.

  1. If the evidence supports a finding based upon competent and substantial evidence that

the building or structure is a dangerous building and a nuisance and detrimental to the

health, safety or welfare of the residents of the City, the Building Commissioner shall

issue an order based upon its findings of fact commanding the owner, occupant,

mortgagee, lessee, agent or other persons(s) having an interest in said building as

shown by the land records of the Recorder of Deeds of McDonald County to repair,

vacate or demolish any building found to be a dangerous building and to clean up the

property, provided that any person so notified shall have the privilege of either

repairing or vacating and repairing said building, if such repair will comply with the

ordinances of this City, or may vacate and demolish said dangerous building at

his/her own risk to prevent the acquiring by the City of the lien against the land where

the dangerous building stands. If the evidence does not support a finding that a

building or structure is a dangerous building or a nuisance or detrimental to the

health, safety or welfare of the residents of the City, no order shall be issued.

  1. If the owner, occupant, mortgagee or lessee fails to comply with the order within

thirty (30) days, the Building Commissioner shall cause such building or structure to

be repaired, vacated or demolished and the property cleaned up as the facts may

warrant. If the Building Commissioner or other designated officer or officers issues

an order whereby the building or structure is demolished, secured or repaired or the

property is cleaned up, the cost of performance shall be certified to the City Clerk or

officer in charge of finance who shall cause a special tax bill or assessment therefor

against the property to be prepared and collected by the City Collector or other

official collecting taxes, unless the building or structure is demolished, secured or

repaired by a contractor pursuant to an order issued by the City and such contractor

files a mechanic’s lien against the property where the dangerous building is located.

The contractor may enforce this lien as provided in Sections 429.010 to 429.360,

RSMo. Except as provided in Section 505.090, at the request of the taxpayer the tax

bill may be paid in installments over a period of not more than ten (10) years. The tax

bill from the date of its issuance shall be deemed a personal debt against the property

owner and shall also be a lien on the property until paid.

Section 505.090. Insurance Proceeds — How Handled.

  1. If there are proceeds of any insurance policy based upon a covered claim payment made for

damage or loss to a building or other structure caused by or arising out of any fire,

explosion or other casualty loss, the following procedure is established for the payment of

up to twenty-five percent (25%) of the insurance proceeds as set forth in this Subsection.

This Subsection shall apply only to a covered claim payment that is in excess of fifty

percent (50%) of the face value of the policy covering a building or other structure:

  1. The insurer shall withhold from the covered claim payment up to twenty-five percent

(25%) of the covered claim payment and shall pay such monies to the City to deposit

into an interest-bearing account. Any named mortgagee on the insurance policy shall

maintain priority over any obligation under this Chapter.

  1. The City shall release the proceeds and any interest that has accrued on such proceeds

received under subdivision (1) of this Subsection to the insured or as the terms of the

policy and endorsements thereto provide within thirty (30) days after receipt of such

insurance monies, unless the City has instituted legal proceedings under the

provisions of Subsection (6) of Section 505.080. If the City has proceeded under the

provisions of Subsection (6) of Section 505.080, all monies in excess of that

necessary to comply with the provisions of Subsection (6) of Section 505.080 for the

removal, securing, repair and clean up of the building or structure and the lot on

which it is located, less salvage value, shall be paid to the insured.

  1. If there are no proceeds of any insurance policy as set forth in Subsection (A) of this

Section, at the request of the taxpayer the tax bill may be paid in installments over a period

of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on

the property and a personal debt against the property owner(s) until paid.

  1. This Section shall apply to fire, explosion or other casualty loss claims arising on all

buildings and structures.

  1. This Section does not make the City a party to any insurance contract, and the insurer is not

liable to any party for any amount in excess of the proceeds otherwise payable under its

insurance policy.

  1. The Building Commissioner may certify that in lieu of payment of all or part of the covered

claim payment under Subsection (A) that it has obtained satisfactory proof that the insured

has removed or will remove the debris and repair, rebuild or otherwise make the premises

safe and secure. In this event, the Building Commissioner shall issue a certificate within

thirty (30) days after receipt of proof to permit covered claim payment to the insured

without the deduction pursuant to Subsection (A) of this Section. It shall be the obligation

of the insured or other person making the claim to provide the insurance company with the

written certificate provided for in this Subsection.

Section 505.100. Appeal.

Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a

dangerous building as shown by the land records of the Recorder of Deeds of McDonald County

may appeal such decision to the Circuit Court of McDonald County, as provided for in Sections

536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is

maintained of the hearing provided for in Section 505.080 hereof. Otherwise, the appeal shall be

made pursuant to the procedures provided for in Section 536.150, RSMo.

Section 505.110. Emergencies.

In cases where it reasonably appears that there is immediate danger to the health, life, safety or

welfare of any person unless a dangerous building, as defined herein, is immediately repaired,

vacated or demolished and the property is cleaned up, the Building Inspector shall report such

facts to the Building Commissioner and the Building Commissioner may cause the immediate

repair, vacation or demolition of such dangerous building. The costs of such emergency repair,

vacation or demolition of such dangerous building shall be collected in the same manner as

provided in Sections 505.080 and 505.090.

Section 505.120. Violations — Disregarding Notices or Orders.

The owner, occupant or lessee in possession of any dangerous building who shall fail to comply

with the order to repair, vacate or demolish said building given by the Building Commissioner or

who shall fail to proceed continuously without unnecessary delay; and any person removing any

notices provided for in this Chapter; and any person violating any other provisions of this

Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined as set

out in Section 100.220 of this Code. Each day that a person fails to comply with an order of the

Building Commissioner may be deemed a separate offense.

Section 505.130. Owner Absent From The City. [Ord. No. 1989-239 §.100, 10-17-1989]

In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent

from the City, all notices or orders provided for herein shall be sent by registered mail to the

owner, occupant, mortgagee, lessee and all other persons having an interest in said building as

shown by the land records of the Recorder of Deeds of the County to the last known address of

each, and a copy of such notice shall be posted in a conspicuous place on the “dangerous

building” to which it relates. Such mailing and posting shall be deemed adequate service.

Section 505.140. Liability For Wrongful Action. [Ord. No. 1989-239 §.110, 10-17-1989]

In the event any building or structure is wrongfully demolished by this City or is demolished

without adhering to the procedures provided in this Chapter, the City shall be liable for damages

as determined by a court of law in a suit brought by the party so damaged.